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Terms & Conditions

Important notice regarding MyMo:

Goldfish Labs GmbH (“Goldfish”) will not sell or share information that are provided for the usage of MyMo (as defined below) to third parties [other than the Service Providers (as define below) or Goldfish’s affiliated companies [for the purpose other than the Services (as defined below)].

Videos uploaded to the apps provided by Goldfish under this Terms of Use as stipulated below (“MyMo”) will be owned by the Organizer (as defined below) who created the relevant Event (as defined below) if the video clip was recorded with the JoinMyMo iOS or JoinMyMo Android app. If the video clip was not recorded with our apps, but with any other tool, in that case the videos uploaded to the apps (MyMo web app, JoinMyMo iOS and JoinMyMo Android app) will be owned by the Organizer who created the relevant Event and the person who uploaded the video thereto.

Goldfish does not claim the ownership of videos uploaded to MyMo. However, Goldfish shall have the right to collect, store, display and manage for the purpose of the Service. In addition, Goldfish shall have the right to disclose any information or materials regarding the Services to the police, the court or any other governmental authority, or to conduct additional processing to the extent permitted or required by law or court order, or in support of any legal investigation.

Privacy Policy

Our Privacy Policy explains how Goldfish will collect, use, share, manage and protect materials and information in relation to Goldfish’s web site and any software provided on or in connection with Goldfish’s services, which includes JoinMyMo iOS, JoinMyMo Android app and web apps (collectively, the “Service”).
Your privacy is important to us. Our Privacy Policy applies to the Organizers, and all visitors, users and others who access the Service (the “Users”). Each User can access one or multiple events created by their respective Organizers (the “Events”). For each Event, information and User Content (as defined below) is only accessible by those who have the Event Key (as defined below).

Here’s how it works

To start using the Service, any prospective User who wants to upload or view content first needs to register themselves through www.joinmymo.com. After registration and account validation, every logged in user will have a dashboard to manage their MyMo account. From there, they could either stay as a user without a package or they could become an Organizer by purchasing a MyMo Event Package. The purchase they could either do through the MyMo Landing page or through the Create Event button at their MyMo dashboard.

MyMo event Package Product (the “Product“) can be purchased at our website through a built-in Stripe Checkout system. A person who successfully purchased the Product (the “Organizer”) will receive a confirmation email with a valid license key stated and a link to login. They will login, enter their license key, validate it, and only if it gets validated by MyMo system, they can continue to create their event.

Through the Service, the Organizer creates the Event. The Organizer can invite additional Users to the Event by sharing their unique Event Key (as defined below) with them.

The User Content (as defined below) uploaded to the Event can only be accessed by a special event code (the “Event Key“). The Organizer sets up the Event Key during the Event creation process. The Event Key enables the Users to access the Event to watch all the uploaded “User Content“.

The Organizer shall be aware and agree that the Event Key may not be changed once it’s created.

Goldfish shall not be liable in any way in case where any unauthorized third party accidentally or intentionally has access to the Event to upload or to browse the User Content by guessing, finding out or knowing the Event Key in any manner. However, if the Organizer notifies of Goldfish that effect in writing, Goldfish will make a reasonable effort to remove the unauthorized third party from the Event.

The Organizer shall understand and agree that the Event Key is the only code for the Users to access the Event, both to upload or to browse the User Content, and therefore, that the strength of the Event Key is very important. The Organizer shall make sure not to choose any easy-to-guess Event Key especially, if they are sensitive about the privacy.

The Organizer shall understand and agree that Goldfish provides a platform only to upload videos (“User Content“), to share User Content with the Users, and to access the Event page (“Event Page“) where the Users can browse the shared playlists (“Playlists“) made with the User Content.

For example, the Event key “XY10” will enable you to access X and Y’s private event Event, to upload and browse their User Content.

The Organizers that create the Event shall own all User Content uploaded to their Event. Goldfish does not claim the ownership of the User Content (for more details, see Terms of Use).

The Service will not make the User Content publicly searchable on the Internet; however, Goldfish shall not be liable in any way for any conduct of Users.

1. Information we collect and store

Information you provide us directly:

Your name, password and e-mail address for the registration to set up a MyMo account.

Profile information that you provide for your user profile (e.g., first name, email address, gender, city and country of residence).

The Information (the “Event Information”) that the Organizer provides to create an Event including but not limited to the event date, the event location, the event title.

Email addresses of the Users that the Organizer have invited to the Event by sending out the Invite Guests email template [through MyMo Dashboard].

User Content that the Organizer has posted to the [Event Page].

Any and all communications between the Organizer and Goldfish. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices).

Cookies:

When the Users accesses [the Service, Goldfish may use Cookies to make MyMo more practical and easier to use. For example, Goldfish may use Cookies to store the email address and login IDs for an easier access to MyMo. Goldfish also may use them [for the verification purposes.

Log file information:

The User’s browser automatically reports log file information each time the User makes a request to access the Even Page through web or mobile apps. Log file information may also be provided when the user content of the webpage is downloaded to your browser or device.

When the User uses the Service, it may automatically record certain log file information, including the web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how the User interact with links on the Service, domain names, landing pages, pages viewed, and other such information. Goldfish may also collect similar information from emails [sent to and from Users to and from the Organizer. Goldfish may track which emails have been opened and which links have been clicked by the recipients.

Device identifiers:

Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which identify your mobile device. A device identifier may be the data stored in connection with the device hardware or the device’s operating system, or the other software or the data sent to the mobile device.

Metadata:

Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when the User Content was collected and how that User Content is formatted.

Goldfish may collect the metadata of all the [clips] [shared with MyMo or uploaded to the Event Page” or shared with the Users including the [clip]’s recording time and date, duration of the [clip] and data type.

Goldfish may collect the metadata of all the [clips] [shared with MyMo or uploaded to the Event Page or shared with the Users including the [clip]s recording time and date, duration of the [clip] and data type.

2. How we use your information

In addition to what is provided in this Privacy Policy, Goldfish may use information that we have receive to:

provide the efficient access to the User’s information or the Service

provide, improve, test and monitor the effectiveness of the Service

send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices)

develop and test new products and features

diagnose or fix technology problems

automatically update the MyMo application on the User’s device

3. Sharing the information

Goldfish will not rent or sell User’s information to any third parties other than Service Providers or Goldfish’s affiliated companies for the purpose other than providing the Services.

Parties with whom we may share your information:

Goldfish may share certain information with the service providers or subcontractors (collectively, the “Service Providers”) regarding to the Services.

Goldfish may share the User’s information as well as the data from the tools such as Cookies, log files, device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with the Service Providers. Goldfish may give the Service Providers the access to User’s information regarding to the Services under the reasonable confidentiality terms.

The Service Providers include but not limited to:

Innobyte for technical development;

Amazon and Google for server hosting;

Stripe for product purchases;

Apple iTunes store for the free iOS JoinMyMo app;

Google Play for the free Android JoinMyMo app; and

Google Analytics for Product Analytics;

Any other entities that Goldfish reasonably decides to retain as a service provider in relation to the Service time to time.

Goldfish may (i) remove a part of data that can identify the Users and (ii) share anonymized data with other parties. Goldfish may also (i) combine the User’s information with the other information and (ii) share the aggregated information

Parties with whom you may choose to share your User Content:

The User Content and information that the User [shares/has shared with the Event Page or/and other Users or “has uploaded to the Event/Event Page] will be only viewable by other Users regarding the Events. However, Goldfish shall not be liable for anyone in any way where the Users or any other third parties copy, save, download, use the User Content, or transfer the User Content to the third parties.

If [the Organizer removes information that the User has uploaded to the Event/Event Page [copies may remain viewable in cached and archived pages of the Service, or if other Organizers, Users or third parties using the MyMo API have copied or saved that information.]

Instances where we may share the information:

Goldfish may disclose your information where required to do so by law or by judicial process or where Goldfish reasonably believes that such action is necessary to:

comply with the law and the reasonable requests of law enforcement

enforce the Terms of Use;

protect the security or integrity of the Service; and

exercise or protect the rights, interest, property or safety of Goldfish, the Users or the other third parties.

4. How we store your information

Storage and Processing:

We’re using both Google and Amazon servers for hosting. All the collected information and content, are protected by the Swiss privacy laws.

The information collected through the Service may be stored and processed in Switzerland or any other country in which Goldfish, Goldfish’s affiliated companies or group companies, or the Service Providers have the facilities related to the Service.

Goldfish may transfer the information collected through the Service including the personal information from the User’s country or jurisdiction to the other countries or jurisdictions around the world. In particular, if the User is a resident of a country or jurisdiction other than Switzerland, the User shall understand and agree that the data protection laws of Switzerland may differ from the relevant laws in your jurisdiction.

By registering for and using the Service the User shall understand and agree that Goldfish may transfer, use and disclose of the personal information as described in this Privacy Policy.

5. How we protect your information

Security:

Goldfish will keep the User’s account information on a secured server. When the User enters sensitive information (such as passwords), Goldfish will encrypt that information using secure socket layer technology (SSL).

Goldfish will use commercially reasonable safeguards to keep the information collected through the Service secured and take reasonable steps (such as requesting a unique password) to verify the User’s identity before granting the User access to the account. However, Goldfish will not ensure the security of any information the User transmits to MyMo, and will not guarantee that information on the Service will not be accessed, disclosed, altered, or destroyed.

The User shall cooperate with Goldfish for its any security related procedures. The User shall be responsible for maintaining the secrecy of Event Key and the account information, and for controlling access to emails between you and MyMo and making sure that no unauthorized third party has an access the Event/Event Page at all times.

Although Goldfish will make a reasonable effort to protect the User’s privacy, we cannot assure you 100% accuracy.

Goldfish will allow the Organizers to copy, save, share and export the User Contents. The User shall agree that User Contents shall belong to the Organizer of that the relevant Event, and the Organizer may be able to copy and save the User Content, and share the User Content with any third parties.

It is systematically impossible for the Users to copy, save or share the User Contents, if they are not Organizers of their events. If the other User or third party has somehow make it (by hacking or any illegal/unexpected way or just by finding out the systematic weakness of MyMo, in that case Goldfish can not be held responsible for this action.

Goldfish shall not be responsible in any way for the functionality, privacy or security measures in case where the User uses any other apps, medias or measures than MyMo (for example in case where the User uses Facebook to share the Event Key with the guests).

MyMo cannot guarantee that only authorized persons will view your information and User Content. We cannot ensure that information you share on MyMo will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on MyMo. The User shall reduce any privacy or security related risks by making a practical effort to protect the privacy such as choosing a strong password, using different passwords from ones for other services, and using up-to-date antivirus software.

In case of any violation or suspected violation of any privacy or security by the User Contents or any information on the Event Page, the User shall contact Goldfish immediately at legal@joinmymo.com.

If Goldfish has found a suspicious behavior at/to/from the User’s MyMo account such as possible signs of abuse, Goldfish may limit the use of site features, remove inappropriate User Content and/or suspend or delete the accounts for violations of the Terms of Use or any applicable laws. Goldfish also reserves a right to limit/delete/control certain inappropriate/illegal/criminal-related contents.

6. Your choices about your information

Your account information and profile/privacy settings:

Update your account at any time by logging in and changing your information in “Edit Profile”.

If you have any questions about reviewing or modifying your account information, please contact us directly at feedback@joinmymo.com.

How long we keep your User Content:

User content is all clips plus the 10 saved playlists in an event account.

Goldfish will retain any information (including the User’s profile information) and User Content as long as needed to fulfil the propagated service.

Service Period depends on the purchased package.

At the termination or expiration of the defined Upload Period of the Product purchased by the relevant Organizer, Goldfish will send a notification email to the Organizer to inform that from there onwards, there can be no more new uploads, but all the collected and created user content will be saved in MyMo.

If you have any questions about the termination, expiration, account deactivation or you would like to request the removal of your data please contact us directly at wecare@joinmymo.com.

7. User Input

Goldfish will welcome any suggestions, ideas or feedbacks from the Users. While we will endeavor to review your suggestions or feedbacks, we will not be able to respond to it in a timely manner. The User shall agree that any suggestions, ideas or feedbacks that Goldfish has received from the Users shall become sole and exclusive property of Goldfish, and that Goldfish shall have no liability or responsibility for providing any credit, compensation or other consideration for the idea, or for keeping such idea confidential. Any and all materials regarding the suggestions, ideas or feedbacks that Goldfish has received from the User shall not be acknowledged as the User’s property or returned to the User.

8. Children’s Privacy

Goldfish will not knowingly collect any information from any person under 13 years old. Goldfish will not knowingly allow those who under 13 years old to register for the Service. The Service or the Product shall not usable by any person under 13 years old. In case where Goldfish has learned that Goldfish had collected personal information from a person under 13 years old without the parental consent, Goldfish will delete the information as promptly as possible. If you believe that Goldfish has any personal information from or about a person under 13 years old without the parental consent, please contact us at legal@joinmymo.com.

9. Other websites and services

Goldfish shall not be responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, the Users shall agree that Goldfish shall not be responsible and shall not have any control over any third party other than the User, who are authorized by the Organizer to access the User Content without using MyMo. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

Terms of use

These Terms of Use (“Terms”) govern your access to and use of the Services provided by Goldfish or any of its affiliate websites or internet properties including MyMo, and any information, text, photographs, videos, graphics, or other materials uploaded, downloaded or appeared on the Services (collectively referred to as “Service Content”. Your access to and use of the Service Content and Services are conditioned on the User’s acceptance of and compliance with these Terms. Every time the User accesses or uses the Service Content or Services, the User shall agree to be bound by these Terms.

Goldfish shall reserve the right to amend, change or modify these Terms at any time. The User’s continued use of the Services or the Service Contents after the posting of the amendment, changes or modifications shall be deemed as the User’s acceptance of such amendment, changes or modifications.

The form and nature of the Services may change from time to time without any prior notice to the Users. In addition, Goldfish may stop (permanently or temporarily) providing the Services (or any features within the Services) to the Users generally without any prior notice.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personal information of the Users.

Registration Data

The User shall agree to: (i) provide accurate, current and complete information about the User for any signup, login and/or registration forms on our site (“Registration Data”); (ii) maintain the security of the password and identification; (iii) maintain and promptly update the Registration Data, and any other information provide to Goldfish, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information provide to Goldfish.

Content and Interactive Areas

The Services include private community platforms (“Events”) in which the Users may post, link, store or otherwise make the User Content available on the Event/Event Page”. The User shall agree to be solely responsible for own use of the Events at your own risk.

By accessing the Event, the User shall agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

Any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;

Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute and reproduce the content;

Any content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Private information of any third party including addresses, phone numbers, email addresses, id numbers and similar information; and

Any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Events or the Services.

Goldfish shall not take any responsibility and assume any liability for any content posted, stored or uploaded by the User, other users, or any third party, or for any loss or damage thereto, nor shall Goldfish be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity the User may encounter.

As a provider of interactive services, Goldfish shall not be liable for any statements, representations, the Service Content or Third Party Content (as defined below) provided by users in any interactive area. Goldfish shall have no obligation to screen, edit or monitor any of the User Content. Goldfish shall reserve the right, and have absolute discretion, to remove, screen or edit any User Content at any time and for any reason without any notice.

Your Content

The Service includes the Events. The Users shall be solely responsible for the use of the Events at the own risk.

Content Ownership and Right to License User Content

By submitting, uploading, posting or displaying the User Content to Events, the User shall grant Goldfish a worldwide, non-exclusive, royalty-free license with the right to sublicense to use, copy, process, publish, display and distribute such User Content in any and all media or distribution methods in order for Goldfish to provide the Services. The User shall agree that this license includes the right of Goldfish to make such User Content available to other companies, organizations or individuals who provide services on behalf of Goldfish to provide the Services subject to these Terms.

In addition, by submitting, uploading, posting or displaying the User Content to the Event, the User (other than the Organizer) shall grant the Organizer with access to the Event a limited, worldwide, non-exclusive, royalty-free license (“User License”) to use, copy, process, publish, display, or distribute such User Content for their own personal or non-commercial use. This User License is subject to these Terms and does not include: (i) any resale or commercial use of the User Content; (ii) modifying or otherwise making any derivative uses of the Use Content (or any portion thereof) for commercial use; or (iii) any use of the Use Content other than for its intended purpose.

Copyright and Limited License

In addition, by submitting, uploading, posting or displaying the User Content to the Event, the User (other than the Organizer) shall grant the Organizer with access to the Event a limited, worldwide, non-exclusive, royalty-free license (“User License”) to use, copy, process, publish, display, or distribute such User Content for their own personal or non-commercial use. This User License is subject to these Terms and does not include: (i) any resale or commercial use of the User Content; (ii) modifying or otherwise making any derivative uses of the Use Content (or any portion thereof) for commercial use; or (iii) any use of the Use Content other than for its intended purpose.

The Users may be granted a limited, non-sublicensable license to access and use the services and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license shall be subject to these Terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Site Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Site Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these Terms, without the our prior written permission, shall be strictly prohibited and shall terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license shall revocable at any time.

Indemnification

The User shall agree, at the User’s sole expense, to defend, indemnify and hold Goldfish, its independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) the User’s use of [our site], the Site Materials, the interactive areas and/or our services; (ii) the User’s conduct; (iii) the User’s violation of these Terms or the rights of any third party; or (iv) any User Content or Service Content.

Disclaimer

[UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE CONTENT, ANY HYPERLINKS, OUR SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (COLLECTIVELY, “GOLDFISH LABS CONTENT/SERVICES”) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY GOLDFISH LABS CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY GOLDFISH LABS CONTENT/SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL GOLDFISH LABS CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE GOLDFISH LABS CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE GOLDFISH LABS CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.]

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Goldfish has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Goldfish may also at its sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Validity of Electronic/Internet Contracts

These Terms shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern these Terms. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Applicable Law and Venue

These Terms shall be governed by the internal substantive laws of Switzerland. Any claim or dispute between the User and Goldfish that arises in relation to these Terms, the Services or any other relevant matters shall be decided exclusively by a court of competent jurisdiction located in Switzerland.

Termination

Goldfish shall have the right, without any notice and in its sole discretion, to terminate any User’s license to use the Services, and to block or prevent the User’s future access to and use of the Services.

Return Policy

Goldfish will make a reasonable effort to review the cases in which the User(s) are unhappy with the Services, however, Goldfish shall not refund any money to any Users based on the lack of internet/network coverage and/or the lack of content posted to an Event and/or bad quality of any content. The User shall understand and agree that Goldfish will merely provide the Users with the tools (mobile application and website). Goldfish will provide you with a Dashboard to help you manage, share and promote the use of MyMo. If you wish to have your claim reviewed, contact legal@joinmymo.com.

Miscallenous

Use of the services shall not be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.

Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of these Terms.

Waiver of any breach or default under any provision of these Terms shall not be effective unless it is in writing and executed by Goldfish, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision.

These Terms constitute the entire agreement between the User and Goldfish, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the [Website]. If any provision of these Terms are deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect. Any rights not expressly granted herein shall be reserved.